Justice Minister Alan Shatter is fighting for his political future after it was claimed he had broken data protection laws.

The incident occurred on RTE’s Prime Time on May 16 last year, when Mr Shatter revealed Wexford TD Mick Wallace had been cautioned by gardai for using his mobile while driving.

Following a complaint by Deputy Wallace, Data Protection Commissioner Billy Hawkes has determined that Mr Shatter is guilty of breaching the legislation in a draft decision, due to be issued later this week.

But last night the Justice Department dismissed the reports saying such leaks would be a breach of data protection in themselves. Mr Shatter was said to be deeply disturbed by the leak in what is an ongoing process.

In a statement the Justice Department said: “In the circumstances, it is deeply disturbing that attempts are apparently being made to undermine the integrity of the investigation by the leaking of inaccurate information about an ongoing process.

“In particular, such leaks would themselves clearly have serious data protection implications. In the circumstances, the minister will be pursuing this matter with the Office of the Data Protection Commissioner.”

On the episode of Prime Time, Mr Shatter and Mr Wallace were discussing the issue of Garda discretion, in relation to the penalty points scandal.

“Deputy Wallace himself was stopped on a mobile phone last May by members of An Garda Siochana and he was advised by the garda who stopped him that a fixed ticket charge could issue and he could be given penalty points.

“But the garda apparently, as I am advised, used his discretion and warned him not to do it again.”

The Justice Minister later told the Dail that former Garda Commissioner Martin Callinan had informed him about the incident.

At the time Mr Wallace said he was “not remotely interested about what the minister knows”, but later filed a complaint with the Data Protection Commissioner’s Office.

If the Data Protection Commissioner proceeds with his finding against Mr Shatter, it leaves the Justice Minister open to a lawsuit from Mr Wallace.

Deputy Wallace will be able to take civil proceedings against him, seeking compensation.

Mr Shatter, who has faced repeated calls to resign over his handling of a string of Garda controversies, will be able to appeal the decision.